Karnataka High Court

Shadab Malik vs Aruna C. Patil And Anr on 11 September, 2025

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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                                                      MFA No. 201568 of 2023


                    HC-KAR




                             IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                        DATED THIS THE 11TH DAY OF SEPTEMBER, 2025

                                           BEFORE

                   THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                        MISCL. FIRST APPEAL NO.201568 OF 2023 (MV-I)

                   BETWEEN:

                        SHADAB MALIK S/O ABDUL SALEEM,
                        AGE: 37 YEARS, OCC: RECOVERY MANAGER @
                        SHREE BIRADEV FINANCE AND BUSINESS,
                        R/O: H.NO.7-990/6B, BANK COLONY ROAD,
                        NEAR MOHAMMADI MASJID,
                        MOMINPURA KALABURAGI - 585 104.
                                                              ...APPELLANT

                   (BY SRI SANJEEV PATIL, ADVOCATE)

                   AND:

Digitally signed   1.   ARUNA C. PATIL W/O CHANDRASHEKAR PATIL,
by RENUKA               AGE: 59 YEARS, OCC: OWNER OF VEHICLE
Location: HIGH          TOYOTA INNOVA BEARING NO.KA-32/C-8001,
COURT OF                R/O: DATTA NILAYA,
KARNATAKA               NEAR SIDDESHWAR KALYAN MANTAP,
                        SADASHIVA NAGAR, KALABURAGI - 02.

                   2.   THE DIVISIONAL MANAGER,
                        DIVISIONAL OFFICE,
                        UNITED INDIA INSURANCE CO. LTD.,
                        2ND FLOOR, CENTURY COMPLEX,
                        OPP. SANGAM TALKIES SUPER MARKET,
                        KALABURAGI - 585 101.
                                                            ...RESPONDENTS
                   (BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
                   V/O DATED 09.10.2023 NOTICE TO R1 IS DISPENSED WITH)
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                                            NC: 2025:KHC-K:5333
                                       MFA No. 201568 of 2023


HC-KAR




     THIS MFA IS FILED UNDER SECTION 173(1) OF THE

MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT

AND AWARD DATED 20-12-2022 PASSED BY THE LEARNED I

ADDL. SENIOR CIVIL JUDGE AND MACT AT KALABURAGI IN

MVC NO.1033/2018 BY            ENHANCING   THE COMPENSATION

AMOUNT AS PRAYED FOR, IN THE INTEREST OF JUSTICE AND

EQUITY AND ETC.


     THIS MFA, COMING ON FOR ADMISSION, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:    HON'BLE MR. JUSTICE SHIVASHANKAR
          AMARANNAVAR


                          ORAL JUDGMENT

Though this appeal is listed for admission, with the

consent of learned counsel for both sides, it is taken up for

final disposal.

Being aggrieved by the judgment and award dated

20.12.2022 passed in MVC No.1033/2018 by the I-Addl.

Senior Civil Judge & MACT, Kalaburagi (hereinafter

referred to as 'the Tribunal' for short), the appellant-

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claimant is before this Court seeking enhancement of

compensation.

2. Brief facts leading to filing of claim petition are

that, on 02.07.2017 at about 6:30 a.m. the claimant being

the Seizure Manager of Raghoji Finance was proceeding on

his Honda Aviator motorcycle towards Bandarwad village,

Afzalpur taluka for his work and when he was near

Sharansirasagi Maddi, Kalaburagi, at that time the driver

of a TOYOTA Innova Car bearing No.KA-32/C-8001 came

from back side with high speed and in a rash and negligent

manner and dashed to the motorcycle of the claimant.

Due to which, the claimant fell down and sustained

grievous and multiple injuries. The injuries have resulted

in permanent partial disability and same has affected his

future earning capacity. The claimant contended that he

having suffered the injuries is entitled for compensation

from the respondents.

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3. Heard learned counsel for the appellant-

claimant and learned counsel for respondent No.2-

Insurance Company.

4. Learned counsel appearing for the appellant-

claimant would contend that the claimant was aged 33

years as on the date of the accident and he was working

as a Recovery Manager in Raghoji Finannce and moving

from one place to another and due to the accident, the

claimant sustained five fractures has affected his working

and the Doctor-PW.2 who treated him has assessed

disability at 60%, but the Tribunal has erred in taking

disability at 25%. He further submits that the appellant-

claimant has taken treatment in Solapur and he was

admitted in hospital for 45 days and operated three times.

He further submits that the compensation awarded under

other heads i.e. pain and suffering; attendant and

conveyance charges; loss of income during the treatment

period; loss of amenities are on the lower side, which

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needs to be enhanced. Hence, seeks for enhancement of

compensation by allowing the appeal.

5. Per contra, learned counsel appearing for the

respondent No.2-Insurance Company contended that the

compensation awarded by the Tribunal is adequate

considering the age, income and avocation of the claimant

and there is no need for any interference by this Court.

Hence, prays for dismissal of appeal.

6. Having heard learned counsels, this Court

perused the impugned judgment and other materials

placed on record.

7. The date of the accident, age of the claimant

and liability on the Insurance Company are not in dispute.

8. The accident has taken place on 02.07.2017

and at the time of accident the claimant was aged 33

years. As per the wound certificate-Ex.P5; disability

certificate-Ex.P15; and evidence of PW.2-Doctor, the

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claimant has sustained five injuries i.e. 1) Injury of neck

2) Fracture of right hip & right femur 3) Comminuted

fracture of left patella 4) Fracture of Superior/Inferior

pubic Rami 5) Fracture of left knee (forearm) & other

multiple injuries all over the body. The claimant was

admitted hospital in Solapur for 45 days and he has been

operated for three times. Considering the same, the

Doctor-PW.2 has assessed the disability and stated that

there is 60% permanent disability to the whole body.

Considering the same, the disability taken by the Tribunal

at 25% is on the lower side, the Tribunal ought to have

taken at 30% to the whole body. Tribunal has rightly

applied multiplier at '16'. Therefore, considering the

same, the loss of future income is calculated as under:

Rs.14,000/- x 12 x 16 x 30% = Rs.8,06,400/-.

9. Considering the five fractures noted above and

treatment taken as inpatient for 45 days and underwent

three times operation, the compensation awarded towards

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pain and suffering in a sum of Rs.20,000/- is on the lower

side, which needs to be enhanced to Rs.1,25,000/-.

10. Considering the fact that, the claimant was

working as recovery Manager to move from one place to

other he is entitled a sum of Rs.1,50,000/- towards loss

of amenities as against Rs.10,000/- awarded by the

Tribunal.

11. The Tribunal has rightly awarded a sum of

Rs.5,75,000/- towards medical expenses.

12. The claimant was admitted in hospital for 45

days and advised for rest. Considering the same, he is

entitled for attendant charges, food & conveyance charges

in a sum of Rs.45,000/- against Rs.30,000/- awarded by

the Tribunal.

13. Considering the fractures suffered by the

claimant and period of treatment in hospital, he is entitled

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for loss of income during laid up period for a period of six

months in a sum of Rs.84,000/- (Rs.14,000/- x 6).

14. Thus, the claimant is entitled for following

amount of compensation:

                                        Amount               Amount
  Sl.
                 Heads               awarded by the        awarded by
  No
                                        Tribunal            this Court
  1.     Loss of future income          Rs.6,72,000/-       Rs.8,06,400/-
  2.     Pain and suffering               Rs.20,000/-       Rs.1,25,000/-
  3.     Attendant charges,               Rs.30,000/-         Rs.45,000/-
         food and conveyance
         charges
  4.     Medical expenses                  Rs.5,75,000/-    Rs.5,75,000/-
         Loss of income during               Rs.42,000/-      Rs.84,000/-
  5.
         laid up period
  6.     Loss of amenities                   Rs.10,000/-   Rs.1,50,000/-
                           Total         Rs.13,49,000/- Rs.17,85,400/-
                 Enhancement                     Rs.4,36,400/-

15. In the result, the appeal deserves to be allowed

in-part. Hence, the following:

ORDER

(i) The appeal is allowed in-part.

(ii) The appellant-claimant is entitled to total

compensation of Rs.17,85,400/- against

Rs.13,49,000/- as awarded by the Tribunal

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along with interest at the rate of 6% p.a.

from the date of petition till its realization.

(iii) The respondent No.2-Insurance company is

directed to deposit the compensation

amount within a period of eight weeks

from this day, failing which, it shall carry

interest at the rate of 9% p.a. till payment.